Too much of a good thing can be a bad thing. Too much of a bad thing can be deadly. Allegedly serving a person 33 alcoholic drinks in a seven-hour period? Almost certainly a bad thing.
Such is the accusation levied in a wrongful death lawsuit filed in Florida on December 5, 2025. A cruise passenger claims that Royal Caribbean crew members served her fiancé an unsafe number of alcoholic beverages in 2024 and caused his untimely passing through the actions used by the cruise line’s security personnel while attempting to subdue him. With the Los Angeles County medical examiner ruling the death a homicide, the suit seeks a jury trial to address claims of vicarious liability and negligent hiring, retention, training, and supervision.
Michael Virgil’s vacation started at a ship’s bar and, after being hit with pepper spray and dying of mechanical asphyxia (and other factors), ended with Virgil’s body being kept refrigerated for three days as the cruise ship completed its scheduled trip. Whether the 35-year-old father was responsible for abusing his deluxe beverage package or if the ship’s staff is to blame is up to a jury in the Southern District of Florida to decide.
Might Need To Workshop the “Delivering the Best Vacations Responsibly” Mission Statement
The pandemic shutdown was brutal for the vacation industry, but some of the surviving cruise companies posted record profits and passenger booking numbers last year. The trend continued into 2025, with cruise lines like Disney announcing the addition of multiple ships over the next few years. With rates that are low compared to other types of vacations, cruises continue to grow in popularity.
On December 13, 2024, Virgil , his fiancé Connie Aguilar, their 7-year-old son, and several other family members boarded the Royal Caribbean Cruise ship Navigator of the Seas in Los Angeles for a trip to Ensenada, Mexico, and back. Their cabin wasn’t ready at check-in, so they went to one of the ship’s many bars, and Virgil began drinking at approximately 10:30 a.m. As part of their deal, Virgil had purchased the deluxe drink package, which essentially provided him with an open bar for the entirety of the trip.
Exactly when the room kerfluffle was settled is in dispute, but it’s agreed that Virgil continued to drink for several hours and became extremely intoxicated. The family claims Virgil was served the equivalent of 33 alcoholic drinks, equating to two fifths (about 1500 ml of alcohol). At some point, Virgil left the bar and began searching for his family’s cabin. Unable to find it, he became increasingly agitated and violent, allegedly assaulting several members of the crew and attempting to kick down a door, some of which was caught on video by another passenger.
Security managed to subdue Virgil, who weighed close to 300 pounds, by using three cans of pepper spray and up to five guards holding him in place on the floor while he was being placed in restraints. The ship’s medical personnel gave him injections of Haloperidol, a sedative, and succinylcholine, a muscle relaxant. Although breathing when he was moved to the ship’s medical bay, Virgil died soon afterwards. Rather than turn the ship around and return to Los Angeles after Virgil’s death, his body was kept refrigerated as the Navigator of the Seas stuck to its schedule, returning on December 16.
Let’s Make a Deal Not To Take That “Unlimited Drinks” Deal
The pending litigation, filed in Miami by Aguilar, charges the Royal Caribbean Group with the wrongful death of Virgil. It claims that he was overserved by staff members who were inadequately trained and supervised in recognizing signs of intoxication. The suit also asserts that the ship’s security team, by leaving the full body weight of several guards on him for several minutes, caused Virgil’s death by mechanical asphyxia and cardiac arrest. It also cites the dangers of Haloperidol being given to someone who has been drinking alcohol.
Mechanical asphyxia was indeed given as a cause of death by the Los Angeles County medical examiner, who ruled it a homicide. As the defense is likely to point out, it’s not the only cause listed in the homicide of Michael Virgil. The report notes that Virgil suffered from obesity and had an enlarged heart. Ethanol intoxication also played a part, but it may be up to a jury to decide who was at fault for Virgil’s ill-fated high-seas drinking binge.
Royal Caribbean is registered in Miami, but there’s a question of whether the suit will be addressed under state or maritime law. When purchasing a ticket, every Royal Caribbean passenger signs an agreement allowing the cruise company to choose the jurisdiction for any legal action brought against it. This may limit some of the injuries Aguilar can claim. Regardless of the outcome, perhaps Virgil’s death will cause both cruise lines and passengers to think twice about a “deal” that encourages people to drink as much as possible.
Related Resources
- Elements of a Negligence Case (FindLaw’s Accident and Injury Law)
- What Are My Legal Rights as a Cruise Ship Passenger? (FindLaw’s Super Lawyers)
- Filing a Lawsuit (FindLaw’s Litigation and Appeals)
